CO885-(11-13) — Page 1

4514.

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MY LORD,

No. 70S, (QUEENSLAND.)

LAW OFFICERS to COLONIAL OFFICE.

Temple, May 8, 1871.

We are honoured with your Lordship's commands, signified in Mr. Holland's letter of the 2nd instant, stating that he was directed by your Lordship to transmit to

us a copy of a Despatch from the Administrator of the Government of Queensland, No. 16, enclosing a case drawn up by the Attorney General of the Colony, with its appendix, 21 Feb. 1871. referring to the loss by Mr. Gordon Sandeman of his seat in the Legislative Assembly.

That he was also to annex a copy of the Queensland_Constitution Act, 31 Vict., No. 38, and he was to request that we would favour your Lordship with our opinion on the points submitted by the Attorney General of Queensland.

In obedience to your Lordship's commands we have taken this matter into our consideration, and have the honour to

Report

That we answer the questions put to us as follows:

1st. We are of opinion that those proceedings did constitute a whole session of the

Legislature.

2nd. We think not.

3rd. We think that it was.

4th. We regard the moving of a new writ as a question of privilege; it certainly is so in this country.

We do not think that Mr. Sandeman had a right to be present until his seat was declared vacant, or to be heard in his own case, or to speak or vote in other cases; that is to say, we think that if these questions came before a court of law in the shape of an action for penalties (if such an action exists in the Colony) or in any other proceeding, the court would hold Mr. Sandeman to have absolutely ceased to be a member of the Legislature. At the same time we think that it would have been competent for the Legislative Assembly, if it had thought fit, to treat Mr. Sandeman as one of its members until his seat was declared vacant by resolution, and to have heard him in defence of his seat, but that it had the strict right to proceed as it did.

5th. We think not. The Standing Order could not override the Act.

We have, &o. (Signed) R. P. COLLIER.

J. D. COLERIDGE.

The Right Hon. the Earl of Kimberley,

&c.

&c.

&c.

o 16278.-481.

25.-5/86.

PUBLIC RECORD OFFICE

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Reference :-

C.O. 885

11 PUBLIC RECORD OFFICE, LONDON

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